The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-30

trial separately, and II the jury find
that he is connected with the bribery
by either Of the ways specified they
must fiod him guilty OF the crime
charged. Was Fullgraff bribed2 Upon
thst it may be said that this is not an
indictment against the associates OF
Fullgraf in the Board OF Aldermen.
Il is not a question Of whether they
were corrupt that he is brought TO
prove, but is he corrupt himself He
says he is. He did not make the cor
rupt agreement for his own bribery,
he says. 1t may seem anomalous that
we should find him innocent though
he protests his own guilt, yet the law
makes il Necessary that his testimony
ST. ould be Corroborsted ere we can con-
vict him. The testimony c9lroboTative
of Fungraf was then digested. The
| testimony Of those to whom he loaned
the money, which, he says, he received
for his vote, the records OF Fullgrstf's
votes on railroad matters as an alder
man as showing the truth of his story
Of the combine" ON railway business,
and the evidence regarding the haste
and perversity of the board in passing
the franchise TO Sharp's road despite
the opposition of the property owners
on Broadway and the statement OF
Mayor Edison in his veto addresses to
the board that 100000 could be OBJ
tanned to the city for the franchise.
Judge Barrett believed that it had
been clearly shown that Fullgratf was
bribed. Who brihed him2 II the jury
believed that Delacy hribed him with
$4,000 then, OF courfe, the jury must
ask Immediately who bribed Delacy,
for no one can suppose that Delscy
bribod him ON his own account, for he
derived DO benefit from the passage OF
the franchise. Any person who was
behind Delscy, who aided or abetted
in bribing Fullgraff, was as guilty as
Delacy. In conspiracy each one is
an agent end each principal. Judge
Barrett reviewed the contributory evil
dence OF Sharp's lot by work at Albany
to get the railroad bill passed, and
having succeeded, he at once
set about getting his Broadway
franchise. The court adds: "His
anxiety caused him to 90 anything to
Illustrate his opponents in obtaining
the benefits OF his efforts. This Wa3
ShaIp's motive. He had spent life
time in the hops OF material reward.
He was ready to do anything to obtain
that reward. This was a matter Of
life and death to the Seventh avenue
road, aud as director he had mo-
tive, while he was to obtain personal
reward ia the bonds which were to be
guaranteed. He was the contractor
for that road in consideration Of the
stocks and bonds OF theroad."
The story Of the issuance Of the $780,
COO worth Of bonds waJ recalled by
the court. The last of the money was
raised the day before the meeting OF
the committee. The money was in
large billF, and 30 large sum Of money
was unavailable in itself. The prose-
cution connected all these circum-
stances. The money was never de-
posted. No entry was made on the
books of the company accounting in
detail for the disposition OF that
money until year afterwsrd, and the
prosecution thought this was proof of
guilt. There were no buildings erected
or lands purchased that year, and
when there were they we're paid out
OF anoti o. fund. There was a dis
crepancy between the value OF 800
horses at $125 each and the 1887 600,
which was the sum entered on the
books as having been paid for them.
"Although Mr.. Sharp says he received
that sum from Mr.. Foshay in bills,
this does not show what he did with
it. So with another item of $4,000
Is this consistent with truth and credi.
bihty ?" asked the court. III You find
that Fulgrsf was bribed, and that
$500, 900 was raised by Kerr and Fo-
shay, and you come to the conclusion
that that sum was not raised for the
purposes which appear on the books
OF the road, and that that sum really
went TO the corruption OF the Board
of Aldermen If you fad this to be 80,
and you have abundant direct and
circumstantisl evidence on that point,
and you believe that Kerr and For
shay did this and concealed il from
Mr.. Sharp, If you find they did this
because of their own interest and not
withstanding the far greater benefits
which Mr.. Sharp was to reap from it,
and Dir. Sharp was ignorant, then you
must acquit him. There is abundant
evidence. There were were the falsi-
fed entries by Mr.. Sharp himself.
The testimony that Powell bad said
to him that he had fixed the Board of
Aldermen, you must decide whether
Sharp meant that he had fixed the
Board Of A dermen IN person or by
HE knowledge of what had heen done
by Kerr and Forshay, or if be never
said he had fixed them a all, or il that
expression was an inuoC ant one. Was
the $500, 600 raised as has been shown,
the 100000 of which Fnllgraff speaks
az having been offered for the passage
of the franchise? l do not wish you
to consider in the least the testimony
OF Pottle, that Sharp had offered him
bride, rs going to show that he COM
mitted this crime, but only az show
ing the general tendency, character,
and met "a DDS of the defendant. You are
the exclusive judges OF the evidence
and if my Abatement Of the evidence
has seemed to impRrt my opinion on
il to you / trust you will discard and
disregard it, for l would not take
from you any of your power on the
facts, only instruct you regarding
the law"
The Judge further instructed the
| jury that they must not be influenced
by the prisoners age or infrmity, nor
by the fact that he did not take the
the stand in bis own deferfe,
The jury then retired and after an
absence of thirteen minutes returned
into court with a verdict of guilty,
with a recommendation to mercy.
The aged prisoners head dropped
He was removed to the Ludlow atreet
Jail. Sentence will be passed July
18Th. The penalty is not more than ten
years at hard labor or fue Of $4,000,
or both A new trial will be asked.
The verdict WIS reached on the first
ballot. AS Sharp stepped to the walk
on his arrival st the Jail, he said:
Boys, now its all over, I'll tell you
that l never gave one penny to Alder
] nnar, EillloraH m any nj her A ldaYman